However...

However, since there is no priesthood in Islam, the ‘ulama’ form an undefined and unwieldy body. The business of discovering the law is at times very much like legislation, but the non-officialised body of the ‘ulama’ tend to convert their function to that of a huge, unwieldy board of judicial review.

Obviously such action as might be undertaken by such a group must come after the political fact, and because of the nature of the institution the time-lapse between deed and decision might be generations. It would be wrong to deny the ‘ulama’ any authority at all, for the ‘Abbasid dynasty went to great lengths to secure the support of the ‘ulama’ and to display respect for their judgments. The pattern of political behaviour thus was carried on by subsequent Islamic rulers.

Nevertheless, it was characteristic of the Caliphs to claim the more remote authority for their government. In a sense the Muslim community, because of its intimate connection with the principle of ijma‘ , may be reckoned a source of authority. However, since ijma‘ is a source of the Shari‘ah , and since it is a process rather than an institution, it cannot satisfy the requirement of an immediate source of authority.

As a source of the Shari‘ah it is theoretically anterior to it, and, thus, a more remote source of authority. In any case, it is still subject to “discovery” and interpretation by the ‘ulama’ . As a process, its legislative efficacy is similar to that of custom in Roman and Canon Law, so the time-lapse is necessarily great. The Muslim community is not only the Islamic Church, but it is also the personal sphere of validity of Islamic government.

Membership in the community is the result of belief, and belief is the basis of obedience to the Shari‘ah . The purpose of Islamic government is to see to it that the Shari‘ah is obeyed. In other words, the part the community plays in political affairs is primarily passive, although Islamic government is clearly established for the benefit of the Muslims.

Regardless of the degree and kind of authority attributed to the ‘ulama’ and the community, neither group ever wielded real political power to transform their political function to that of an institution authorizing the day-to-day acts of government. Theoretically, the Muslim system all but disregards the question of power, practically, it is another question. Ibn Khaldun is the most outstanding Islamic theorist of those few who dealt with the problem of power.